DLA Piper Middle East
Supporting clients with a full service legal offering for over 15 years Our lawyers are fully versed in their local and cultural business communities.
Whether advising a global technology company on market expansion, a government procurer on an infrastructure project, or defending a real estate developer in a construction dispute, our team can help you across the full spectrum of your legal needs.
We have grown to become one of the largest international law firms in the region, and our team's experience extends to surrounding markets such as Jordan, Turkey and Lebanon, where we work with local law firms as required, in addition to Africa where we have an unrivalled presence in 20 countries through DLA Piper Africa.
Our lawyers are experienced in navigating the complex economic, cultural and social issues that affect business transactions. We can advise on economic sanctions; the nuances of employment, tax and data transfer law in the Arab world; the enforcement appetite of regulators (both foreign and local); and the regulations that govern the free zones.
DLA Piper Middle East
Disputes Practice
With 6 Partners and over 50 other lawyers, our Litigation, Arbitration and Investigations team is one of the largest and most highly regarded dispute resolution practices in the Middle East.
Our lawyers specialise in complex, high value, multi‑jurisdictional disputes covering the full spectrum of dispute resolution matters through one seamlessly integrated team, including onshore and offshore litigation, international arbitration, investigations, regulatory and compliance.
Our team offers:
- Market-leading regional expertise – We are the only firm ranked Tier 1 in all dispute resolution categories for international firms in The Legal 500 2023. In addition, numerous members of our team have been nominated as an 'independently rated lawyer' for Acritas Stars and as 'Leading Lawyers' in The Legal 500 Private Practice Arbitration Powerlist 2023.
- Protection of your corporate reputation – If contentious or regulatory issues arise, we are here to help. We advise on the full spectrum of dispute resolution matters, including onshore and offshore litigation, international arbitration, investigations, regulatory and compliance. We can quickly assess the strengths and weaknesses of your position, reduce uncertainty and create a pragmatic strategy to minimise business disruption.
A global leader in international arbitration
We are acknowledged as a leader in the international arbitration field, ranked in the Global Arbitration Review's GAR15 as one of the leading global practices. We bring extensive experience handling arbitrations in every major international and regional arbitration centre, including but not limited to, DIAC, ADCCAC, GCCAC, SCCA, SIAC, AAA, QICCA, ICC and LCIA – as well as ad hoc and bilateral investment treaty-based arbitrations.
Overview of KSA Arbitration Law
- In 2012, the Kingdom of Saudi Arabia ("KSA") enacted a new arbitration law in the form of KSA Royal Decree No. M/34 (2012) concerning the approval of the Law of Arbitration ("KSA Arbitration Law"). This is modelled on the UNCITRAL Model law which is widely recognised as arbitral best practice.
- The KSA Arbitration Law applies to domestic and international arbitrations (provided those international arbitrations meet the requirements set out in Article 3 of the KSA Arbitration Law). Parties can also agree for the KSA Arbitration Law to apply in commercial arbitration proceedings in respect of which the KSA Arbitration Law would not ordinarily apply (for example, if the governing law of a contract is other than KSA). The parties are however required to agree this.
- In order to constitute a valid and binding arbitration agreement, per Article 9 of the KSA Arbitration Agreement, it is required to be in writing, though such agreement can be made after a dispute has arisen. Article 11 of the KSA Arbitration Law requires that KSA Courts must decline to hear a dispute that has a valid arbitration clause (provided that this is raised prior to issuing a statement of defence).
- The KSA Arbitration Law affords the parties autonomy to decide the procedural aspects of the dispute. By way of example, parties are free to agree:
- The governing law and seat of arbitration;
- The institutional rules;
- select the arbitrator(s) determining their dispute. Per Article 14, if the Tribunal consists of one arbitrator, he/she must hold either a university degree in Shari'a or Legal Sciences and if the Tribunal consist of three members, the Chair must fulfil this requirement. Tribunals also have the authority to decide on their own jurisdiction; and
- the language of the proceedings.
- Whilst parties are free to choose which law governs the agreement and dispute, Article 38 of the KSA Arbitration Law states that, notwithstanding a choice of law other than that of KSA, any arbitration conducted pursuant to its terms must not contravene the provisions of Shari'a and public policy. For example, awards ordering payment of interest would likely be unenforceable as this is contrary to the tenets of Shari'a.
- Similarly, Article 25 of the KSA Arbitration Law provides that the procedural rules governing the arbitration are to comply with Shari'a. For instance, witnesses are to take an oath before giving evidence even if this requirement is not mandatory under the institutional rules or the procedural laws of the chosen arbitral institution or seat.
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